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GLOBE INDEMNITY CO. v. ROE.

Proceeding in the matter of supplementary proceedings by the Globe Indemnity Company, judgment creditor, against Daniel R. Roe, judgment debtor. On motion by the judgment creditor for an order requiring the debtor to show cause why he should not pay over part of his weekly earnings in satisfaction of a judgment alleged to have been obtained in a United States District Court in New Jersey.

Judgment in accordance with opinion.

COXE, District Judge.

I can find no warrant for the procedure of this motion. The writ of execution did not run to this district. 28 U.S.C.A. §§ 838, 839. Neither is the procedure authorized by Rule 69, 28 U.S.C.A. following section 723c. If the judgment creditor desires to avail itself of the machinery here, it should sue on the judgment.

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GLOBE INDEMNITY CO. v. ROE, (S.D.N.Y. 1941)
(Jan 27, 1941)